In HMRC v Kickabout Productions [2020] UKUT 0216, the Upper Tribunal (UT) allowed HMRC’s IR35 appeal finding that a radio presenter was an employee. TalkSPORT was obliged to provide work and this outweighed all other factors of employment status.
SME Tax News
In Dr Marie Hallen & Dr Anette Persson v HMRC [2020] TC7775, the First Tier Tribunal (FTT) upheld penalties for inaccuracies in tax returns relating to a tax avoidance scheme. The taxpayers knew their returns were wrong, their behaviour was deliberate.
In Thimmaiah Gummatira v HMRC [2020] TC7767, the First Tier Tribunal (FTT) dismissed an appeal against penalties for failure to notify HMRC of a liability to the High-Income Child Benefit Charge. Neither a reasonable excuse nor special circumstances existed to warrant a reduction in the penalties.
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There is quite a lot of news to report this week. The 2020 Finance Act is now law. The government has published a batch of new policy papers covering measures proposed for Finance Act 2021, as well as updating its guidance on Making Tax Digital (MTD).
The government has published the first batch of its new policies and consultations alongside a draft Finance Bill for 2021. We have reviewed the following measures.
HMRC have published a policy paper, 'Changes to the treatment of termination payments and post-employment notice pay for Income Tax'. This proposes to amend the rules for the calculation of Post-Employment Notice Pay on termination of employment from 6 April 2021.
The government has published a policy paper, ‘Income tax changes to the van benefit charge from 6 April 2021’. It proposes to reduce the Van Benefit Charge (VBC) to nil for zero-emission company vans which are provided to employees and available for their private use.
Finance Bill 2020 received Royal Assent on 22 July 2020 and became Finance Act 2020, a day after the government issued the next draft Finance Bill for 2020-21.
In Payne & Ors v HMRC [2020] EWCA Civ 889, the Court of Appeal found that the VW Kombis and Vauxhall Vivaro were cars and not vans for the purpose of assessing employee car benefits.
The government has published a policy paper, 'New tax checks on licence renewal applications', proposed for inclusion in Finance Act 2021. The new measure will require individuals and businesses applying to renew licences to drive taxis and private hire vehicles (PHV), operate a PHV business or deal in scrap metal in England and Wales to confirm their tax history with HMRC before their renewal application can be processed.